Majority
p. 720In the Matter of the Petition of John Nowak to Prove the Last Will and Testament of Rosalie Nowak, Late of the County of Kings, Deceased. John Nowak, Appellant; Mary Betkowska, Stanislaw Nowak and Nicholas Nowak, Respondents.
Resettled order of the Surrogate’s Court of Kings county vacating and setting aside order denying motion for a new trial and granting a new trial affirmed, in so far as appealed from, with costs to respondents payable out of the estate. No opinion. Rich, Hagarty and Scudder, JJ., concur; Lazansky, P. J., and Young, J., dissent.